How many mobile homes are too many?
Well, in the Town of New Baltimore, the answer is two.
Apparently, local town codes prohibit more than one mobile home on any parcel of land.
When Thomas Winslow parked two of those beauties on his 4.3 acre property, the Town was none too pleased and cited Winslow for violating the law.
Back in 2004, Winslow sought a variance from the local zoning board and was denied. For some unknown reason, Winslow failed to seek review of that decision.
In June of 2004, the Town sought to compel Winslow's compliance with the law, and an order was issued by the Greene County Supreme Court directing Winslow to remove one of the mobile homes or the Town would be permitted to do so. Once again, Winslow failed to seek review of that determination.
A year later, when the Town sought to enter the property to effect the removal, the Supreme Court granted the request and Winslow appealed that decision.
The Appellate Division, Third Department, concluded that Winslow was precluded from attacking the underlying orders and that the scope of its review was limited to whether the Supreme Court had properly allowed the Town to enter Winslow's property.
Finding no irregularity or error, the AD3 affirmed.
"And away she goes!"
For a copy of the Appellate Division's decision, please use this link: Town of New Baltimore v. Winslow